Systems and methods for stabilizing the motion or adjusting the position of the spine

ABSTRACT

Systems and methods for stabilizing or adjusting the position of at least one spinal motion segment, such as a posterior element distraction system. The system includes an implantable member having at least one of a lateral member and a transverse member. The lateral member may be expandable in at least one dimension, for example, in a direction along the axis of the spine. The expandable member may be an inflatable balloon, expandable scaffolding, strut, or combination thereof and may provide stability and anchoring to the implantable member. The transverse member is configured to engage the spinous process and may extend from the lateral member or may extend between two laterally-opposed members. For example, the transverse members may be configured to engage an outer surface of the spinous process, and as such, act as a saddle or cradle.

FIELD OF THE INVENTION

The present invention is directed towards the treatment of spinaldisorders and pain. More particularly, the present invention is directedto systems and methods of treating the spine to eliminate pain, adjustthe position of one or more spinal motion segments and/or enable spinalmotion which effectively mimics that of a normally functioning spine.

BACKGROUND OF THE INVENTION

FIG. 1 illustrates a portion of the human spine having a superiorvertebra 2 and an inferior vertebra 4, with an intervertebral disc 6located in between the two vertebral bodies. The superior vertebra 2 hassuperior facet joints 8 a and 8 b, inferior facet joints 10 a and 10 b,and spinous process 18. Pedicles 3 a and 3 b interconnect the respectivesuperior facet joints 8 a, 8 b to the vertebral body 2. Extendinglaterally from superior facet joints 8 a, 8 b are transverse processes 7a and 7 b, respectively. Extending between each inferior facet joints 10a and 10 b and the spinous process 18 are laminal zones 5 a and 5 b,respectively. Similarly, inferior vertebra 4 has superior facet joints12 a and 12 b, superior pedicles 9 a and 9 b, transverse processes 11 aand 11 b, inferior facet joints 14 a and 14 b, laminal zones 15 a and 15b, and spinous process 22.

The superior vertebra with its inferior facets, the inferior vertebrawith its superior facet joints, the intervertebral disc, and sevenspinal ligaments (not shown) extending between the superior and inferiorvertebrae together comprise a spinal motion segment or functional spineunit. Collectively, the facet joints, laminas and spinal processescomprise the “posterior element” (or a portion thereof) of a spinalmotion segment. Each spinal motion segment enables motion along threeorthogonal axes, both in rotation and in translation. The various spinalmotions are illustrated in FIGS. 2A-2C. In particular, FIG. 2Aillustrates flexion and extension motions and axial loading, FIG. 2Billustrates lateral bending motion and FIG. 2C illustrated axialrotational motion. A normally functioning spinal motion segment providesphysiological limits and stiffness in each rotational and translationaldirection to create a stable and strong column structure to supportphysiological loads.

Traumatic, inflammatory, metabolic, synovial, neoplastic anddegenerative disorders of the spine can produce debilitating pain thatcan affect a spinal motion segment's ability to properly function. Thespecific location or source of spinal pain is most often an affectedintervertebral disc or facet joint. Often, a disorder in one location orspinal component can lead to eventual deterioration or disorder, andultimately, pain in the other.

Spine fusion (arthrodesis) is a procedure in which two or more adjacentvertebral bodies are fused together. It is one of the most commonapproaches to alleviating various types of spinal pain, particularlypain associated with one or more affected intervertebral discs. Whilespine fusion generally helps to eliminate certain types of pain, it hasbeen shown to decrease function by limiting the range of motion forpatients in flexion, extension, rotation and lateral bending.Furthermore, the fusion creates increased stresses on adjacent non-fusedmotion segments and accelerated degeneration of the motion segments.Additionally, pseudarthrosis (resulting from an incomplete orineffective fusion) may not provide the expected pain-relief for thepatient. Also, the device(s) used for fusion, whether artificial orbiological, may migrate out of the fusion site creating significant newproblems for the patient.

Various technologies and approaches have been developed to treat spinalpain without fusion in order to maintain or recreate the naturalbiomechanics of the spine. To this end, significant efforts are beingmade in the use of implantable artificial intervertebral discs.Artificial discs are intended to restore articulation between vertebralbodies so as to recreate the full range of motion normally allowed bythe elastic properties of the natural disc. Unfortunately, the currentlyavailable artificial discs do not adequately address all of the motionmechanics of the spinal column.

It has been found that the facet joints can also be a significant sourceof spinal disorders and debilitating pain. For example, a patient maysuffer from arthritic facet joints, severe facet joint tropism,otherwise deformed facet joints, facet joint injuries, etc. Thesedisorders lead to spinal stenosis, degenerative spondylolithesis, and/oristhmic spondylotlisthesis, pinching the nerves that extend between theaffected vertebrae.

Current interventions for the treatment of facet joint disorders havenot been found to provide completely successful results. Facetectomy(removal of the facet joints) may provide some pain relief; but as thefacet joints help to support axial, torsional, and shear loads that acton the spinal column in addition to providing a sliding articulation andmechanism for load transmission, their removal inhibits natural spinalfunction. Laminectomy (removal of the lamina, including the spinal archand the spinous process) may also provide pain relief associated withfacet joint disorders; however, the spine is made less stable andsubject to hypermobility. Problems with the facet joints can alsocomplicate treatments associated with other portions of the spine. Infact, contraindications for disc replacement include arthritic facetjoints, absent facet joints, severe facet joint tropism, or otherwisedeformed facet joints due to the inability of the artificial disc (whenused with compromised or missing facet joints) to properly restore thenatural biomechanics of the spinal motion segment.

While various attempts have been made at facet joint replacement, theyhave been inadequate. This is due to the fact that prosthetic facetjoints preserve existing bony structures and therefore do not addresspathologies that affect facet joints themselves. Certain facet jointprostheses, such as those disclosed in U.S. Pat. No. 6,132,464, areintended to be supported on the lamina or the posterior arch. As thelamina is a very complex and highly variable anatomical structure, it isvery difficult to design a prosthesis that provides reproduciblepositioning against the lamina to correctly locate the prosthetic facetjoints. In addition, when facet joint replacement involves completeremoval and replacement of the natural facet joint, as disclosed in U.S.Pat. No. 6,579,319, the prosthesis is unlikely to endure the loads andcycling experienced by the vertebra. Thus, the facet joint replacementmay be subject to long-term displacement. Furthermore, when facet jointdisorders are accompanied by disease or trauma to other structures of avertebra (such as the lamina, spinous process, and/or transverseprocesses) facet joint replacement is insufficient to treat theproblem(s).

Most recently, surgical-based technologies, referred to as “dynamicposterior stabilization,” have been developed to address spinal painresulting from more than one disorder, when more than one structure ofthe spine have been compromised. An objective of such technologies is toprovide the support of fusion-based implants while maximizing thenatural biomechanics of the spine. Dynamic posterior stabilizationsystems typically fall into one of two general categories: posteriorpedicle screw-based systems and interspinous spacers.

Examples of pedicle screw-based systems are disclosed in U.S. Pat. Nos.5,015,247, 5,484,437, 5,489,308, 5,609,636, 5,658,337, 5,741,253,6,080,155, 6,096,038, 6,264,656 and 6,270,498. These types of systemsinvolve the use of screws that are positioned in the vertebral bodythrough the pedicle. Certain types of these pedicle screw-based systemsmay be used to augment compromised facet joints, while others requireremoval of the spinous process and/or the facet joints for implantation.One such system, the Zimmer Spine Dynesys® employs a cord which isextended between the pedicle screws and a fairly rigid spacer which ispassed over the cord and positioned between the screws. While thissystem is able to provide load sharing and restoration of disc height,because it is so rigid, it does not effective in preserving the naturalmotion of the spinal segment into which it is implanted. Other pediclescrew-based systems employ articulating joints between the pediclescrews. Because these types of systems require the use of pediclescrews, implantation of the systems are often more invasive to implantthan interspinous spacers.

Where the level of disability or pain to the affected spinal motionsegments is not that severe or where the condition, such as an injury,is not chronic, the use of interspinous spacers are preferred overpedicle based systems as they require a less invasive implantationapproach and less dissection of the surrounding tissue and ligaments.Examples of interspinous spacers are disclosed in U.S. Pat. Nos. Re.36,211, 5,645,599, 6,149,642, 6,500178, 6,695,842, 6,716,245 and6,761,720. The spacers, which are made of either a hard or compliantmaterial, are placed in between adjacent spinous processes. The hardermaterial spacers are fixed in place by means of the opposing forcecaused by distracting the affected spinal segment and/or by use of keelsor screws that anchor into the spinous process. While slightly lessinvasive than the procedures required for implanting a pediclescrew-based dynamic stabilization system, implantation of hard or solidinterspinous spacers still requires dissection of muscle tissue and ofthe supraspinous and interspinous ligaments. Additionally, these tend tofacilitate spinal motion that is less analogous to the natural spinalmotion than do the more compliant and flexible interspinous spacers.Another advantage of the compliant/flexible interspinous spacers is theability to deliver them somewhat less invasively than those that are notcompliant or flexible; however, their compliancy makes them moresusceptible to displacement or migration over time. To obviate thisrisk, many of these spacers employ straps or the like that are wrappedaround the spinous processes of the vertebrae above and below the levelwhere the spacer is implanted. Of course, this requires some additionaltissue and ligament dissection superior and inferior to the implantsite, i.e., at least within the adjacent interspinous spaces.

With the limitations of current spine stabilization technologies, thereis clearly a need for an improved means and method for dynamic posteriorstabilization of the spine and/or for treating scoliosis, which meansand method address the drawbacks of prior devices. In particular, itwould be highly beneficial to have a dynamic stabilization system thatinvolves a minimally invasive implantation procedure, where the extentof distraction between the affected vertebrae is adjustable uponimplantation and at a later time if necessary. It would be additionallyadvantageous if the system or device was also removable in a minimallyinvasive manner as well as obviated any risk of migration from theoriginal implant site.

SUMMARY OF THE INVENTION

The present invention provides systems and methods for stabilizing oradjusting the position of at least one spinal motion segment. Thesystems are particularly useful in treating degenerative facet or diskdisease, central and/or lateral canal stenosis, foraminal narrowing orany other condition which involves compression of the neural element.The systems are also useful in treating scoliosis.

The subject systems are implantable posterior to the spine in aminimally invasive manner and create or maintain distraction of at leasta portion of the posterior element (i.e., the facet joints, laminasand/or the spinous processes) of the spinal motion segment beingtreated. The subject systems include one or more implantable memberswhich are positionable laterally of the axial line or plane defined bythe interspinous processes. In many embodiments, the lateral members areexpandable in at least one dimension or direction, most commonly in adirection along the axis of the spine. The expandable members may beinflatable balloons, expandable scaffoldings or struts or the like orcombination thereof. In certain embodiments, the expandable lateralmembers provide a distraction function between adjacent vertebrae or atleast a portion of their posterior elements. In other embodiments, theexpandable lateral members are used to maintain a distraction betweenthe two vertebrae where the initial distraction is created by anothermeans. This distraction involves relative movement between adjacentvertebrae where such movement may be axial (i.e., along the longitudinalaxis of the spine) or angular or rotational (i.e., the angle defined bythe intersection of the axes of two adjacent spinal processes ischanged) or both.

Systems for addressing stabilization of a spinal segment, in certainembodiments, employ two lateral members in tandem where they arepositioned on opposing sides of a single spinal motion segment. Thesetypes of systems are referred to herein interchangeably as “bi-lateral”or “para-lateral” systems. Certain of these systems further employ oneor more intermediately positioned transverse members extending betweenthe two, laterally-opposed members. The transverse member(s) may varyingin number and function and may couple with the lateral members in anysuitable manner and at any point along a dimension, e.g., the length, ofthe lateral members.

In certain embodiments, two transverse members may be placed at opposingend portions of the lateral members and may also be configured to engagethe spinous processes in some manner. In one variation, the transversemembers may be configured to engage an outer surface of a spinousprocess, and as such, act as a saddle or cradle. In another variation,the transverse member is configured to engage a surface formed withinthe spinous process, i.e., is positioned within and extended through awidth of a spinous process where a through bore or hole is made from oneside of the process to the other.

In other embodiments, only a single transverse member is employed. Inone variation of this embodiment, the transverse member extendssubstantially centrally between the two lateral members and the size,e.g., height, of the single transverse member dictates whether or notthe transverse member engages one or both of the spinous processesbetween which it is interposed. For example, the transverse member mayhave a planar or webbing configuration with its end portions configuredto engage the spinous processes and act as a saddle or cradle. On theother hand, the transverse member may be fairly narrow in width whereinit does not engage the spinous processes between which it extends and isconfigured as a lumen or the like which interconnects the two lateralmembers in fluid communication with each other. Thus, the material usedto fabricate the transverse members, their size and extent offlexibility and the position in which they are placed relative to thelateral members and the other transverse members are primarily dictatedby the intended function of the transverse members.

The lateral members and transverse members may be positionedsubstantially perpendicular to one another or their interconnection maydefine an acute or obtuse angle between the two. Where there are two ormore transverse members, they may be positioned parallel to each otheror they themselves may intersect at an angle.

In certain other embodiments of the present invention, only a singleexpandable member is used or is necessary to treat a single spinalsegment where the member is positioned on either the left or right sideof the spinal motion segment being treated. These types of systems arereferred to herein as “unilateral” systems. Such systems areparticularly useful in treating spinal motion segments where one side ismore symptomatic than the other, for example, where bony spur depositscreate a hypertrophic facet joint or due to foraminal narrowing. Thesystems are also useful for treating scoliosis.

A plurality of such unilateral members may be placed along and on eitheror both sides of the spine as necessary. For example, where the spinalcondition affects several adjacent spinal segments, a plurality oflateral members aligned in a serial fashion along the same or both sidesof the spine may be employed. For spinal motion stabilizationapplications, two unilateral systems may be employed in tandem withrespect to the same spinal segment where they are positioned on oppositesides of the spine. Such an arrangement may be used to stabilize spinalmotion similar to the bi-lateral approach described above with thedifference being that the two “unilateral” members are notinterconnected or integral with each other in any way.

The function of a lateral member of a unilateral system may depend onits particular placement relative to the components of the posteriorelement of the spinal motion segment being treated. For example, thelateral member may be positioned relatively anteriorly, e.g., betweenthe laminal portions, and configured to engage with the same. As such,the lateral member provides a distracting function which may thenrequire use of an anchoring means within the implant site to secure thelateral member to a portion of the vertebrae so as to minimize the riskof migration of the lateral member. Such anchoring means may include oneor more transverse members which interconnect with one or both of thespinal processes. Alternatively, one or more transverse members may beconfigured and aligned to interconnect with one or more portions of thelamina or one or more facet joints of the spinal segment being treated.Still, yet one transverse member may anchor to a spinous process and theother may anchor to a lamina or facet joint. On the other hand, thelateral member may be positioned relatively posteriorly within themuscle and fascial tissue and itself be an anchoring means for anothercomponent which functions as a distracting means.

Distraction between the adjacent vertebrae of the spinal segment beingtreated by a bi-lateral system or by two unilateral systems implanted atthe same spinal motion segment is primarily in the axial direction ofthe spine. It should be understood that the axial distraction may beaccomplished by the lateral members themselves but such is not always ornecessarily the case. Instead, while the lateral members may contributeto maintaining a distracting force between the adjacent vertebrae, theinitial distraction may be created by a separate distraction means whichitself may also have an expandable component. The transverse member(s)of the implantable system is (are) then employed, in some cases, tomaintain the distraction, while the lateral members essentially anchorthe transverse member(s). While distraction between adjacent vertebraeof a spinal segment being treated by a unilateral system of the presentinvention is primarily rotational or angular, the samedistracting-anchoring relationship may exist between the lateral memberand the one or more transverse members in a unilateral approach.

The expandable lateral members of the present invention have anunexpanded configuration and an expanded configuration, wherein theexpandable member in an expanded configuration has a size, volume and/orshape configured for positioning minimally invasively in a positionlateral to a spinous process. The expandable member may include anenclosed cavity which is fillable with a material to effect expansion ormay have a strut or scaffolding-like structure that has a low profileconfiguration for delivery purposes through a small working channel andwhich is expandable to a greater profile upon deployment at or in closeproximity to the implant site.

The former type of expandable members include inflatable balloons madeof either non-compliant or compliant material, may include a meshmaterial which may be coated or lined with a non-porous material or maygenerally provide an enclosed, compressible cavity which is fillablewith a material such as a gas, fluid or other material which isdeliverable in a flowable form which subsequently forms a solid uponcuring, setting or drying. The expandable member may further include aport for coupling to a source of inflation and/or an expansion mediumfor inflating and/or expanding the expandable member. In certainembodiments, the port may be used to deflate or evacuate the expandablemember.

The latter type of expandable members may have a preformed configurationwhich is compressible and which is self-expanding upon deployment.Alternatively, the expandable members may be selectively adjustable andlocked into place upon achieving a certain degree of expansion.

Optionally, the systems may include one or more markers on a surface ofa lateral and/or transverse member to facilitate fluoroscopic imagingduring minimally invasive implantation, particularly percutaneousimplantation.

The invention further includes methods directed to stabilizing oradjusting the position of at least one spinal motion segment. Themethods involve the implantation of one or more systems of the presentinvention, in which a lateral member is positioned laterally of a spinalmotion segment in an unexpanded condition and then subsequently expandedto a size and/or shape for maintaining a selected distraction ofadjacent vertebrae of a spinal motion segment. The invention alsocontemplates the temporary implantation of the subject systems which maybe subsequently removed from the patient once the intended treatment iscomplete. Many of the methods involve the percutaneous implantation ofthe subject systems.

These and other objects, advantages, and features of the invention willbecome apparent to those persons skilled in the art upon reading thedetails of the invention as more fully described below.

BRIEF DESCRIPTION OF THE DRAWINGS

The invention is best understood from the following detailed descriptionwhen read in conjunction with the accompanying drawings. It isemphasized that, according to common practice, the various features ofthe drawings are not to-scale. On the contrary, the dimensions of thevarious features are arbitrarily expanded or reduced for clarity.Included in the drawings are the following figures:

FIG. 1 illustrates a perspective view of a portion of the human spinehaving two vertebral segments.

FIGS. 2A, 2B and 2C illustrate left side, dorsal and top views,respectively, of the spinal segments of FIG. 1A under going variousmotions.

FIG. 3A illustrates a bi-lateral posterior element distraction system ofthe present invention operatively engaged within a delivery andimplantation system of the present invention. FIG. 3B is a side view ofthe posterior element distraction system and a distracting mechanism ofthe implantation system of FIG. 3A positioned within a spinal motionsegment. FIG. 3C is a dorsal view of the posterior element distractionsystem of FIG. 3A implanted within the spinal motion segment.

FIG. 4A illustrates another bi-lateral posterior element distractionsystem of the present invention operatively engaged within a deliveryand implantation system of the present invention. FIG. 4B is a side viewof the posterior element distraction system and a distracting mechanismof the implantation system of FIG. 4A positioned within a spinal motionsegment. FIG. 4C is a dorsal view of the posterior element distractionsystem of FIG. 4A implanted within the spinal motion segment.

FIG. 5A illustrates another bi-lateral posterior element distractionsystem of the present invention operatively engaged within a deliveryand implantation system of the present invention. FIG. 5B is a side viewof the posterior element distraction system and a distracting mechanismof the implantation system of FIG. 5A positioned within a spinal motionsegment. FIG. 5C is a dorsal view of the posterior element distractionsystem of FIG. 5A implanted within the spinal motion segment.

FIG. 6A illustrates another bi-lateral posterior element distractionsystem of the present invention operatively engaged within a deliveryand implantation system of the present invention. FIG. 6B is a side viewof the posterior element distraction system and a distracting mechanismof the implantation system of FIG. 6A positioned within a spinal motionsegment. FIG. 6C is a dorsal view of the posterior element distractionsystem of FIG. 6A implanted within the spinal motion segment.

FIG. 7A illustrates another bi-lateral posterior element distractionsystem of the present invention operatively engaged within a deliveryand implantation system of the present invention. FIG. 7B is a side viewof the posterior element distraction system and a distracting mechanismof the implantation system of FIG. 7A positioned within a spinal motionsegment. FIG. 7C is a dorsal view of the posterior element distractionsystem of FIG. 7A implanted within the spinal motion segment.

FIG. 8A illustrates another bi-lateral posterior element distractionsystem of the present invention operatively engaged within a deliveryand implantation system of the present invention. FIG. 8B is a side viewof the posterior element distraction system and a distracting mechanismof the implantation system of FIG. 8A positioned within a spinal motionsegment. FIG. 8C is a dorsal view of the posterior element distractionsystem of FIG. 8A implanted within the spinal motion segment.

FIG. 9A illustrates another bi-lateral posterior element distractionsystem of the present invention operatively engaged within a deliveryand implantation system of the present invention. FIG. 9B is a side viewof the posterior element distraction system and a distracting mechanismof the implantation system of FIG. 9A positioned within a spinal motionsegment. FIG. 9C is a dorsal view of the posterior element distractionsystem of FIG. 9A implanted within the spinal motion segment.

FIG. 10A illustrates another bi-lateral posterior element distractionsystem of the present invention operatively engaged within a deliveryand implantation system of the present invention. FIG. 10B is a dorsalview of the posterior element distraction system of FIG. 10A implantedwithin a spinal motion segment. FIG. 10C is a side view of FIG. 10A.

FIGS. 11A-11H illustrate the steps of implanting the bi-lateralposterior element distraction system of FIGS. 10A-10C.

FIGS. 12A-12E illustrate the steps of implanting another bi-lateralposterior element distraction system of the present invention.

FIGS. 13A and 13B illustrate dorsal views of another bi-lateralposterior element distraction system of the present invention implantedwithin a spinal motion segment in unexpanded and expandedconfigurations, respectively. FIG. 13C is a side view of the posteriorelement distraction system of FIG. 13B.

FIGS. 14A and 14B illustrate dorsal views of another bi-lateralposterior element distraction system of the present invention implantedwithin a spinal motion segment in unexpanded and expandedconfigurations, respectively. FIG. 14C is a side view of the posteriorelement distraction system of FIG. 14B.

FIGS. 15A and 15B illustrate dorsal views of another bi-lateralposterior element distraction system of the present invention implantedwithin a spinal motion segment in unexpanded and expandedconfigurations, respectively. FIG. 15C is a side view of the posteriorelement distraction system of FIG. 15B.

FIGS. 16A and 16B illustrate dorsal views of another bi-lateralposterior element distraction system of the present invention implantedwithin a spinal motion segment in unexpanded and expandedconfigurations, respectively. FIG. 16C is a side view of the posteriorelement distraction system of FIG. 16B.

FIGS. 17A and 17B illustrate dorsal views of another bi-lateralposterior element distraction system of the present invention implantedwithin a spinal motion segment in unexpanded and expandedconfigurations, respectively.

FIGS. 18A and 18B illustrate dorsal views of another bi-lateralposterior element distraction system of the present invention implantedwithin a spinal motion segment in unexpanded and expandedconfigurations, respectively.

FIGS. 19A and 19B illustrate dorsal views of another bi-lateralposterior element distraction system of the present invention implantedwithin a spinal motion segment in unexpanded and expandedconfigurations, respectively.

FIG. 20A illustrates two unilateral posterior element distractionsystems of the present invention implanted in tandem within a spinalmotion segment. FIGS. 20B and 20C illustrate dorsal views of the tandemimplant of FIG. 20A in unexpanded and expanded configurations,respectively.

FIGS. 21A and 21B illustrate dorsal views of another unilateralposterior element distraction system of the present invention implantedwithin a spinal motion segment in unexpanded and expandedconfigurations, respectively.

FIG. 22A illustrate the unilateral posterior element distraction systemof FIGS. 21A and 21B within a delivery system of the present invention.FIGS. 22B and 22C illustrate a dorsal views of the systems implanted intandem within a spinal motion segment in various states of expansion.

FIG. 23A illustrates another bi-lateral posterior element distractionsystem of the present invention in combination with a temporarydistraction mechanism. FIGS. 23B and 23C illustrate delivery of thedistraction system and use of the temporary distraction mechanism todistract a spinal motion segment. FIG. 23D illustrates the bi-lateralposterior element distraction system of FIG. 23A implanted within aspinal motion segment and subsequent to removing the distractionmechanism.

FIG. 24A illustrates a scoliotic spine having a plurality of unilateralposterior element distraction systems of the present invention implantedtherein. FIG. 24B illustrates the same spine after successful treatmentutilizing the unilateral posterior element distraction systems.

FIGS. 25A-25E illustrate the steps of a method of the present inventionfor percutaneously implanting certain systems of the present invention.

DETAILED DESCRIPTION OF THE INVENTION

Before the subject devices, systems and methods are described, it is tobe understood that this invention is not limited to particularembodiments described, as such may, of course, vary. It is also to beunderstood that the terminology used herein is for the purpose ofdescribing particular embodiments only, and is not intended to belimiting, since the scope of the present invention will be limited onlyby the appended claims.

Unless defined otherwise, all technical and scientific terms used hereinhave the same meaning as commonly understood by one of ordinary skill inthe art to which this invention belongs.

It must be noted that as used herein and in the appended claims, thesingular forms “a”, “an”, and “the” include plural referents unless thecontext clearly dictates otherwise. Thus, for example, reference to “aspinal segment” may include a plurality of such spinal segments andreference to “the screw” includes reference to one or more screw andequivalents thereof known to those skilled in the art, and so forth.

Where a range of values is provided, it is understood that eachintervening value, to the tenth of the unit of the lower limit unlessthe context clearly dictates otherwise, between the upper and lowerlimits of that range is also specifically disclosed. Each smaller rangebetween any stated value or intervening value in a stated range and anyother stated or intervening value in that stated range is encompassedwithin the invention. The upper and lower limits of these smaller rangesmay independently be included or excluded in the range, and each rangewhere either, neither or both limits are included in the smaller rangesis also encompassed within the invention, subject to any specificallyexcluded limit in the stated range. Where the stated range includes oneor both of the limits, ranges excluding either or both of those includedlimits are also included in the invention.

All publications mentioned herein are incorporated herein by referenceto disclose and describe the methods and/or materials in connection withwhich the publications are cited. The publications discussed herein areprovided solely for their disclosure prior to the filing date of thepresent application. Nothing herein is to be construed as an admissionthat the present invention is not entitled to antedate such publicationby virtue of prior invention. Further, the dates of publication providedmay be different from the actual publication dates which may need to beindependently confirmed.

The present invention will now be described in greater detail by way ofthe following description of exemplary embodiments and variations of thedevices and methods of the present invention. The invention generallyincludes an implantable system or device as well as instruments for thepercutaneous implantation of the system or device. A key feature of thesubject systems is that it includes an expandable member which isimplanted laterally of a spinal motion segment. In many embodiments thelateral member is expandable from a low profile configuration to ahigher profile or operative configuration. This design allows thelateral member, when in the low profile condition, to be delivered bypercutaneous means without requiring the removal of any portion of thespinal motion segment into which the device is implanted.

Referring now to the drawings and to FIG. 3A in particular, an exemplarybilateral posterior element distraction system 24 of the presentinvention. System 24 includes parallely spaced apart expandable lateralmembers 26 and transverse members 28 extending between the end portionsof lateral members 26. Here, lateral members 26 are illustrated asballoons (shown in an expanded condition) encased in an optional meshmaterial. The balloons may be made of a non-porous, biocompatiblematerial, such as latex or acrylate. The balloons are inflatable with aninflation or expansion medium, such as air, saline, another biologicallycompatible fluid, or a flowable solid material, such as polyurethane, ora gel, which thickens or hardens substantially upon injection intoballoon the balloon. Alternatively, the balloons may be made of a porousmaterial, such as a hydrophilic polymer, to allow absorption of fluidfrom the implant site to within the balloon. The extent of expansion ofthe balloons is dependent upon the particular composition of thehydrophilic polymer used.

In certain embodiments, the balloons are made of a non-compliant orsemi-compliant material so as to maintain a substantially fixed shape orconfiguration and ensure proper, long-term retention within the implantsite. In other embodiments, the balloons may be made of a compliantmaterial. In any embodiment, the compressibility and flexibility ofballoons 26 can be selected to address the indications being treated.Optionally still, balloons 26 may further include radiopaque markers(not shown) on their surfaces which are visible under fluoroscopicimaging to facilitate positioning of system 24. The optional meshmaterial may be made of a material similar to that of the balloons,polyethylene, a metal, e.g., a nitinol or titanium, or another compliant(stretchable) or non-compliant material to provide a protective layerabout the balloons to provide further stability to the balloons. Forpurposes of fluoroscopic imaging, the mesh material itself may beradiopaque.

Transverse members 28 may be made of a metal or polymer material that isconformable to a solid structure, e.g., a spinous process 18, 22 (seeFIG. 3C), against which it is placed in tension and has a sufficientlength and width to contact at least a portion of the spinous process.The distance between the two transverse members 28 and the length ofeach may vary depending on the extent of distraction desired between thevertebrae of the spinal motion segment into which the system isimplanted.

FIG. 3A illustrates posterior element distraction system 24 operativelyengaged to a minimally invasive delivery and implantation system 35 ofthe present invention. System 35 includes a main body 36 which defines aworking channel within proximity of the implant site and furtherincludes a lumen for the delivery of system 24 when in an unexpandedconfiguration to within proximity of the implant site. In thisembodiment, each of balloons 26 is fluidly coupled to an inflation line34 which also functions as a pusher for advancing the balloonscollectively through the main body lumen and for advancing it once inthe implant region. System 35 further includes a distraction mechanism30, also in the form of an expandable balloon. Distraction balloon isalso fluidly coupled to an inflation line 32 which, like lines 34, alsofunctions as a pusher for advancing balloon 30 through the main bodylumen. Distraction mechanism 30 may share a single lumen with system 24or may be deliverable through its own designated lumen. Air and salineare suitable mediums for inflating the distraction balloon.

In use, and subsequent to the preparatory steps taken as will bedescribed below with respect to FIGS. 26A-26E, delivery body 36 isinserted to within proximity to the implant site of the spinal motionsegment being treated. Upon insertion, distraction mechanism 30 istranslated in an unexpanded or deflated state through main body 36. Inaddition to advancing distraction balloon 30, inflation lumen 32 acts asa guide wire to direct distraction balloon to within the interspinousspace of the spinal segment being treated. In particular, distractionballoon 30 is placed substantially anteriorly within the space. Uponproper positioning within the interspinous space, distraction balloon 30is slowly inflated to progressively distract the spinous processes 18,22, as illustrated in FIG. 3B. Upon sufficient distraction of thevertebrae 2, 4, system 24 is similarly advanced to within theinterspinous space adjacent and posteriorly to the distraction balloon30; however, the relative position of the implanted balloons and thetemporary distraction balloons may be reversed, depending on theparticular application at hand. Upon proper alignment within the space,balloons 26 are inflated or expanded and transverse members 28 arecaused to engage respective spinous processes 18 and 22. Balloons 26 areinflated to the extent necessary to maintain the desired distraction ofvertebrae 2, 4. Distraction balloon 30 is then deflated and retractedfrom the interspinous space, and inflation lumens 34 are decoupled fromballoons 26 and retracted to within main body 36.

FIG. 3C illustrates system 24 operatively implanted within a spinalmotion segment having superior vertebra 2 and inferior vertebra 4 wherelateral members 26 are positioned on opposite sides of the interspinousspace and transverse members 28 extend across the interspinous space andare in contact with opposing spinous processes 18, 22, respectively. Assuch, transverse members 28 maintain the posterior element distractionachieved by distraction mechanism 30 and lateral members 26 function toanchor the transverse members 28.

Another embodiment of an implantable posterior element distractionsystem of the present invention is illustrated in FIGS. 4A-4C. System 40also includes expandable lateral members 42 in the form of balloons. Asingle fitted mesh 44 is provided over and encases both balloons inopposing manner with the peripheral edges 46 of mesh 44 functioning astransverse members. System 40 is implantable and deployable in the samemanner as described above with respect to system 24 of FIGS. 3A-3C.

Another embodiment of an implantable posterior element distractionsystem of the present invention is illustrated in FIGS. 5A-5C. System 50provides expandable lateral members 52 similar to those just describedand enclosed in a mesh 54. Here, however, instead of a fitted mesh, mesh54 is in the form of a sock which is open at a proximal end and extendsover inflation lumens 34. Subsequent to delivery, deployment andinflation of lateral members 52 within the implant site between theinterspinous processes, 18, 22 (as described above with respect to FIGS.3A-3C), the open proximal end of mesh 54 is synched down to tightlyencase balloons 52. Upon proper tensioning between the balloons, thesynched end 58 is tied or secured and the proximally extending remainderis cut and removed. To accomplish such, implantation system 35 isequipped with synching and cutting mechanisms (not shown) which may bedeliverable to the target site through designated lumens within mainbody 36. As with the posterior element distraction system of FIG. 4A-4C,the now taught peripheral edges 56 of mesh 54 function as transversemembers.

FIGS. 6A-6C illustrate another posterior element distraction system 60in which lateral members 62 are in the form of doughnut-shaped balloons.Balloons 62 are maintained in an opposed substantially parallelrelationship with each other by way of straps 66 wherein each strap 66is wrapped around opposing sides of balloons 62. The two ends of eachstrap 66 and balloon inflation lines 34 then collectively extendproximally together to within the same delivery lumen of main body 36 ofimplantation system 35. System 60 is implanted as described with respectto FIGS. 3A-3C, and upon proper implantation of balloons 62, the strapends 68 are synched and cut as described above. As illustrated in FIG.6C, the outer portion of straps 66 function as transverse members,maintaining the distraction achieved by distraction mechanism 30.

The posterior element distraction system 70 of FIGS. 7A-7C involvesfeatures of the systems of FIGS. 5A-5C and FIGS. 6A-6C in that thelateral members 72 of system 70 are doughnut-shaped balloons enclosed ina mesh sock 74. Similar to the system of FIGS. 5A-5C, upon properimplantation within the implant site, the proximal end 78 of mesh 74 issynched and cut to maintain balloons 72 in a tensioned, substantiallyparallel relationship with peripheral edges 76 of mesh 74 functioning astransverse members.

FIGS. 8A-8C illustrate another embodiment of a posterior elementdistraction system 80 having inflatable lateral members 82 fluidlyinterconnected at a central location by transverse member 84. Transversemember 84 is in the form of a lumen thereby eliminating the need forseparate inflation lumens 34 for balloons 82. Only a single inflationlumen 34, here coupled to the more proximal of the two balloons 82, aslumen 84 transports the inflation medium from the proximally positionedballoon to the distally positioned balloon. System 80 further includestransverse member 86 which are configured to engage and maintain thedistraction between the spinous processes 18, 22. System 80 is implantedas described with respect to FIGS. 3A-3C.

FIGS. 9A-9C illustrate another embodiment of a posterior elementdistraction system 90 having inflatable lateral members 92 fluidlyinterconnected at a central location by transverse member 94. Similar tothat of the system of FIGS. 8A-8C, transverse member 94 is in the formof a lumen for transporting the inflation medium from the proximallypositioned balloon to the distally positioned balloon. A single fittedmesh 94 is provided over and encases both balloons 92 in an opposingmanner with the peripheral edges 96 of mesh 94 functioning as transversemembers. System 90 is implantable and deployable in the same manner asdescribed above with respect to FIGS. 3A-3C.

FIGS. 10A-10C illustrate another posterior element distraction system100 of the present invention. System 100 includes lateral members 106 a,106 b and transverse members 108 a, 108 b provided serially on a guidewire 102 where each component is fixedly coupled to guide wire or suturethread 102. Guide wire 102 has a leading distal end 104 configured tofacilitate threading or feeding of system 100 through the bone andtissue at the implant site. For example, distal end 104 may have adumbbell configuration with bulbous end portions 105 a, 105 bparticularly suited for being held by a feeding or threading tool 117which is described below with respect to FIGS. 11B and 11C. Lateralmembers 106 a, 106 b are inflatable balloons which may have any materialcomposition and configuration as described above. Transverse members 108a, 108 b are in the form of cylindrical plugs and may be made of ametal, polymer or the like and may be coated with hydroxyapetate tofacilitate bone in growth. The coating may also include a lubricant tofacilitate delivery through the spinous process as will be explained ingreater detail below.

FIGS. 11A-11H illustrate the various steps involved in implantingdistraction system 100 at a target site within a spinal motion segment.Generally, system 100 is implanted by threading guide wire 102 throughhole or bores which are formed in both spinous processes 18, 22 of thespinal motion segment. To begin, a small incision is made proximate thetarget spinal motion segment in order to access spinous processes 18,20. As illustrated in FIGS. 11A and 11B, a puncturing or hole-formingtool 115 is used to form bores 110 a, 110 b within spinous process 18,22, respectively. Tool 115 has opposing jaws 112 a, 112 b where jaw 112a has punch member and jaw 112 b has an anvil configuration forreceiving the punch member. Distal end 104 is then operatively loadedinto guide wire feeding tool 117 as shown in FIG. 11C and the jaws offeeding tool 117 are straddled on the opposite sides of spinous process18. Specifically, distal bulb 105 a of feeding end 104 is held in theleft jaw 116 a of feeding tool 117 and distal bulb 105 b is fed throughbore 110 a in superior spinous process 18 and is received in right jaw116 b which is positioned on the opposing side of spinous process 18, asshown in FIG. 11D. During this step, guide wire 102 is folded back overleading end 104 and, as such, is threaded through bore 110 a as well.Guide wire 102 is pulled through bore 110 a (FIG. 11E) and then tool 117is repositioned closer to inferior spinous process 22 where distal bulb105 a of leading end 104 is inserted in to bore 110 b (FIG. 11F) andreceived on the opposing side by jaw 116 a of tool 117 (FIG. 11G). Guidewire 102 is then pulled through both bores 110 a, 110 b (FIG. 1H) untilsystem 100 is positioned as illustrated in FIGS. 10B and 10C. Namely,distal balloon 106 a in on the left side of the interspinous space,proximal balloon 106 b is on the right side of the interspinous space,distal bore plug 108 a is positioned within bore 110 a of spinousprocess 22 and bore plug 108 b is positioned within bore 110 b ofspinous process 18. The distal portion of guide wire 102 situatedbetween distal balloon 106 b and leading end 104 and the proximalportion of guide wire 102 proximal to balloon 108 b are cut. The cutends are then securely fixed together such as by tension crimpers.Either before or after the guide wire is cut, balloons 106 are inflatedor expanded by a separate inflation means (not shown). Alternatively,guide wire 102 may be equipped with a central inflation lumen, in whichcase, inflation of the balloons must occur before cutting the guidewire.

FIGS. 12A-12E illustrate another bi-lateral posterior elementdistraction system 130 and the steps for implanting it within a targetspinal motion segment. Like the system of FIGS. 11A-11C, the componentsof system 120 are serially interconnected to a guide wire 128 which isdeliverable through implantation system 36. System 120 includes lateralballoon members 122 and transverse members 124 which are interconnectedwith each other via a preformed, compressible annular strut 124 whichitself is interconnected to guide wire 128. On opposing sides of system120, in particular on the outer sides of balloons 122 are balloonabutment members 129 such that each balloon 122 is sandwiched between aside of strut 124 and an abutment member. System 120 is deliverable fromone side of the target spinal motion segment, and is inserted throughthe interspinous space while strut 124 is in a restrained or compressedstate until transverse members 126 are centered between the spinousprocesses 18, 22, as shown in FIG. 12B. Then, strut 124 is allowed toexpand to is preformed, expanded state, as shown in FIG. 12C.Subsequently, balloons 122 are inflated so as to expand both verticallyand widthwise and are caused to contact and become snuggly fit betweentheir respective abutment member 129 and strut 124, as illustrated inFIG. 12D. Balloons 122 preferably have a cogged, petalled or starredconfiguration to better anchor within the surrounding tissue and, thus,mitigate migration of the device.

FIGS. 13A-13C illustrate another posterior element distraction system130 of the present invention having a two-piece configuration. System130 includes superior component 132 a and inferior component 132 b whichare similarly constructed, each having a transverse member 134 andlateral balloon members 136 at opposing ends. The difference between thetwo is in the profile or shape of the respective balloon members in anexpanded configuration. In particular, balloons 136 a of superiorcomponent 132 a and balloons 138 b are shaped to interlock with eachother in a mating configuration so as to provide an anchor fortransverse members 134. A punching tool 115 as described above may beused to create bores 138 a and 138 b, respectively, in spinous processes18, 22. The superior and inferior components are independently deliveredand implanted so that the transverse members 134 are positioned withinthe bores. Subsequently, all of the balloons 136 are inflated withsuperiorly and inferiorly opposing balloons 136 a, 136 b interconnectingin a mating configuration.

FIGS. 14A-14C, 15A-15C and 16A-16C each illustrate similar posteriorelement distraction systems having left and right lateral members, shownhere in the form of expandable balloons. Each lateral member has atransverse member having a hook-like configuration for hooking around orabout either a portion of the posterior element or a pedicle screwpositioned within a portion of the posterior element.

For example, system 140 of FIGS. 14A-14C has hook-like transversemembers 146, where each lateral balloon member 142 has a superiortransverse hook 146 a configured for hooking under the superior spinousprocess 18 and an inferior transverse hook 146 b configured for hookingover the inferior spinous process 22. The hooks may be placed prior toinflation and, upon inflation of the lateral members 142, the respectivehooks become securely anchored to the spinous processes. The pair ofsuperior hooks 146 a may be aligned to overlap or contact each other orto be displaced from each other as illustrated in FIG. 14C. The inferiorhooks 146 a may be similarly aligned.

System 150 of FIGS. 15A-15C has hook-like transverse members 156, whereeach lateral balloon member 152 has a superior transverse hook 156 aconfigured for hooking under a respective laminal arch 5 a, 5 b and aninferior transverse hook 156 b configured for hooking over the inferiorspinous process 22 as described above. The hooks may be placed prior toinflation of the lateral members 152 and, upon inflation of lateralmembers 152, the respective superior hooks 156 a become securelyanchored to respective portions of the laminal arch 5 a, 5 b of thesuperior vertebra 2, and the respective inferior hooks 156 b engage withand securely anchor to the inferior spinous process 22.

System 160 of FIGS. 16A-16C has superior hook-like transverse members166 a where each lateral balloon member 162 is configured to hook aboutthe pedicle screws 168. Here, pedicle screws 168 are positioned in theinferior facet joints 10 a, 10 b, respectively, and their supportingpedicles of superior vertebra 2. System 160 further includes inferiorlypositioned 166 b configured for hooking over the inferior spinousprocess 22 as described above. Prior to inflation of lateral members162, the respective superior hooks 166 a may be engage with orpositioned about or secured by pedicle screws 168. Upon inflation oflateral members 162, the respective inferior hooks 166 b securely anchorto the inferior spinous process 22.

FIGS. 17A and 17B illustrate a unilateral posterior element distractionsystem 170 of the present invention. System 170 includes a singlelateral member 172 which is in the form of an expandable strut having ahinged jaw configuration whereby the strut is foldable at a centraljoint 177, as shown in FIG. 17A. Hooked transverse members 174 arepositioned at superior and inferior ends of strut 172 and are configuredfor engaging the underside of superior spinous process 18 and the topside of inferior spinous process 22. Transverse members 174 arepreferably made from a superelastic material wherein they have apreformed hook configuration but are sufficiently flexible to becompressed to a straightened configuration. A working channel ordelivery lumen 178 in conjunction with a pusher/guide wire 178extendable and slidable through hinge joint 177 may used to deliversystem 170 minimally invasively to the implant site whereby strut 172 isdelivered in a folded condition and transverse members 174 are deliveredin a straightened condition. Upon placement of the distal end of workingchannel 176 within the interspinous space, lumen 178 is retractedthereby releasing strut 172 whereby strut 172 straightens and transversemembers 174 engage with the spinous processes 18, 22. To lock hingejoint 177 and maintain distraction of the vertebrae, wire 178 isretracted until its distal end, which terminates in a stop 179, is causeto abut hinge joint 177, as shown in FIG. 17B.

FIGS. 18A-18B illustrate another bi-lateral posterior elementdistraction system 180 having left and right lateral members 182, shownhere in the form of compressible-expandable struts. Extending betweenthe ends of struts 182 are transverse superior and inferior transversemembers 184 which are preferably made from a superelastic materialwherein they have a preformed curved configuration (FIG. 18B) but aresufficiently flexible to be compressed to a straightened configuration(FIG. 18A). Each strut member 182 is hinged centrally at a hub 186wherein the strut ends are foldable at hub 186. Extending between hubs186 is a central transverse member 188. A guide wire 185 is threadablyengaged with and extends proximally of hub 186 a.

During delivery, the lateral and transverse members of system 180 areall in a compressed, low-profile state to be easily translated through aworking channel to the interspinous space, as illustrated in FIG. 18A.Upon positioning within the space, the working channel (not shown) iswithdrawn proximally. Guide wire 185 is then used to push againstproximal hub 186 a thereby expanding struts 182 and allowing transversemembers 184 to achieve there expanded and curved configuration forengagement with the spinous processes 18, 22, as shown in FIG. 18B. Oncethe desired amount of distraction is achieved between vertebrae 2 and 4,guide wire 185 is unscrewed from proximal hub 186 a thereby leavingsystem 180 at the implant site. Lateral struts 182 are sufficientlyrigid to maintain the expanded condition and withstand the naturalforces exerted on it by spine.

System 190 of FIGS. 19A and 19B is similar to the system of FIGS. 18Aand 18B as just described in that expandable-compressible strut 192,preformed transverse members 194 and hubs 196 are substantiallyidentical in structure and function. System 190, however, in that thelateral members further include expandable balloon members 198positioned between hubs 198 and the exterior ends of struts 192,respectively. Additionally, central transverse member 197 provides alumen by which balloon members 198 are in fluid communication with eachother as well as with guide wire 195 which transports an inflationmedium to the balloons. The delivery of system 190 to the implantationsite is also similar to that described above with respect to the systemof FIGS. 18A and 18B, with the additional step of inflating balloons198, which may be done either prior to or after expanding strut members192 within the interspinous space. Once the desired amount of vertebraldistraction and balloon inflation is achieved, proximal hub 196 a islocked in place and guide wire 195 is cut and removed. As such, balloons198 function, at least in part, as anchors for and provide furtherstability to system 190.

The posterior element distraction systems of FIGS. 20-23 all providelateral members, either in a unilateral or a bilateral arrangement,which have strut configurations, particularly wire forms which areconfigured to be spring-loaded wherein they are self-expandable from acompressed or retained condition. Moreover, the lateral struts haveconfigurations which provide a substantially central “living hinge”about which the strut ends may be folded. Alternatively, the struts maybe compressed along their length to a lower profile configuration tomake them easily deliverable through a narrow working channel. Thespring force provided by the struts is sufficient to create the desireddistraction between the vertebrae 2, 4.

FIGS. 20A-20C illustrate a system 200 which is a unilateral systemhaving a single lateral strut member 202. Transverse members 204, alsoof a wire form which may be substantially flexible so as to bestraightenable during delivery through a working channel extend from theends of strut member 202. While system 200 may be used alone, twosystems 200 may be employed in tandem on opposite sides of aninterspinous space, as illustrated in FIGS. 20B and 20C, depending onthe clinical application at hand. The two systems may be deliveredindependently through separate incisions formed on both sides of thespine. Alternatively, the two systems may be delivered serially throughthe same incision and through the same working channel wherein theposition of the systems within the working channel and upon delivery areopposite each other. In other words, the most distal of the two systems,and thus the first to be delivered, would be delivered hinge first whilethe more proximally positioned system would be delivered second with itstransverse members leading through the working channel. Alternatively,the two may be delivered in the same or any suitable position and theirpositions subsequently manipulated once at the implant site.

FIGS. 21A and 21B illustrate another unilateral system 210 similar tothat of FIGS. 20A-20C, having a lateral strut member 212 and twotransverse members 214. System 210, however, has an additional balloonmember 216 attached along the length of strut member 212 which, uponexpansion within the implant site provides additional stability andanchoring for system 210. Balloon member 216 is inflatable in the waysdescribed above.

As with the unilateral system of FIGS. 20A and 20B, two of system 210may be used in tandem on opposite sides of the spinal motion segmentbeing treated. This arrangement is illustrated in FIGS. 22A-22C. FIG.22A, however, illustrates another manner of delivering system 210,namely, delivering the system with balloon member 216 either partiallyor completely pre-inflated, i.e., prior to placement at the implantsite. A cannula or working channel 215 is provided with a pushermechanism 217 having a distal working end having a cylindrical cavitytherein for holding system 210 with balloon 216 in an inflated state.Strut member 212 and transverse members 214, however, are stilldelivered in a compressed or low-profile state. As such, pre-inflatedballoon 216 facilitates the spring-loading of system 210 such that uponrelease of balloon 216 from the distal end of delivery means 217, system210 may immediately expand. If additional distraction of the spinalmotion segment is required, balloon 216 may be additionally inflated asneeded.

Where a bilateral approach is used, both sides of the above-describedunilateral system 210 may be integrally attached prior to implantation,thereby providing a bilateral system. Where the balloon members 216 areinflated subsequent to placement at the implant site, a lumen extendingbetween the two may be provided so as to allow inflation of bothballoons from one side. Alternatively, each of the balloons may have itsown inflation port whereby they are inflated or expanded independentlyof each other. The inflation procedure may then be done bi-laterally orfrom the same inflation lumen.

FIGS. 23A-23D illustrates a posterior distraction system 230 similar tothat of FIGS. 20A-20C but having a bilateral configuration rather than aunilateral configuration. System 230 includes lateral members 232 andtransverse members 234 which and is deliverable as described above.Here, however, the permanently implantable distraction system 230 isimplanted with the use of a temporary distraction mechanism 226.Distraction mechanism 226 is in the form of an inflatable balloon whichmay be made of a compliant or non-compliant material. System 230 may bedelivered in tandem with distraction mechanism 226 with the assistanceof a pusher mechanism 237. As such, both are delivered through a singleworking channel 235 in a compressed or low profile state where system230 is positioned over balloon 226. Alternatively, balloon 226 andsystem 230 may be delivered independently of each other through separateworking channels or lumens whereby, when both are positioned within theinterspinous space, they are staggered from each other anteriorly toposteriorly. As illustrated in FIG. 23B, both may be placed in theinterspinous space simultaneously or distraction mechanism 226 may beinitially placed while retaining system 230 within working channel 235.In either case, distraction member 236 is inflated via an inflationlumen 239 of pusher mechanism 237. As balloon 236 is inflated, vertebrae2 and 4 are distracted relative to each other and system 230 is allowedto expand within the interspinous space. After the desire distraction isachieved, balloon 236 is deflated and removed from the implant site, asillustrated in FIG. 23D.

FIGS. 24A and 24B illustrate use of a plurality of another unilateralposterior distraction devices 240 implanted within spine 245. Device 240is in the form of an expandable balloon configured for positioninglaterally of a spinal motion segment, and particularly laterally, oneither side, of an interspinous space 247. Device 240 is particularlysuitable for treating scoliosis where one or more devices are placedaxially on one or both sides of spine 245. For example, curvature 242 ofthe spine, as illustrated in FIG. 24A, is treated by implanting one ormore, e.g., two, on the concave side (here, the right side) of the spineadjacent the affected spinal motion segments. The devices areselectively expanded to rotationally distract the vertebrae of theaffected segments such that the axial position of the spine iscorrected, as illustrated in FIG. 24B. The devices may be configured toanchor themselves such as by having a shape that minimizes migration ormay be further secured by other means such as a biological adhesive,pins, screws, etc.

FIGS. 25A-25E illustrate certain preliminary steps of a minimallyinvasive procedure for implanting the devices and systems of the presentinvention. As illustrated in FIG. 25A, a percutaneous penetration orpuncture is first made to one side of the spinal motion segment beingtreated. An instrument 250 commonly referred to as a “K-wire” may usedto form the penetration. The instrument 250 may be directed underfluoroscopy or x-ray proximate a target implant site, such as betweenthe vertebrae 2, 4 of the spinal motion segment being treated. Asillustrated in FIG. 25B, a dilator 252 is then translated over k-wire250 to within the target area to enlarge the channel through the tissuecreated by the k-wire. Then, as illustrated in FIG. 25C, a cannula orworking channel 254 is translated over dilator 252 to within the targetarea to further expand the channel within the tissue and to provide achannel through which dissection, visualization and/or implantationinstruments can be delivered. At this juncture in the procedure, k-wire250 and dilator 252 may be removed from the implant site. A dissectiontool 256, such as a scalpel 258, is then delivered through the lumen ofworking channel 254, and working channel 253 and is manipulated to allowdissection or incising of an area within or adjacent the implant site,e.g., the intraspinous ligament 25, as illustrated in FIG. 25D. Finally,as illustrated in FIG. 25E, a delivery or pusher instrument or lumen 260within which a system 262 of the present invention is retained in anundeployed or partially undeployed state is translated through workingchannel 254 to the target implant site. The system or device 262 is thendeployed and expanded or allowed to expand to an extent sufficient todistract vertebrae 2 and 4 or a portion of their posterior elements adesired amount.

In certain embodiments of present invention, either during the implantprocedure or in a subsequent procedure, the size or volume of theimplanted system may be selectively adjusted or varied. For example,after an initial assessment upon implant, it may be necessary to adjust,either reduce or increase, the size or volume of the spacer to optimizethe intended treatment. Further, it may be intended to only temporarilyimplant the spacer for the purpose of treating a temporary condition,e.g., an injured or bulging or herniated disk, or scoliotic curvature.Once the repair is achieved or the treatment completed, the spacer maybe removed, either with or without substantially reducing the size orvolume of the spacer. In other embodiments, the implant as well as theinflation/expansion material, if one is used, may be made ofbiodegradable materials wherein the implant degrades after a time inwhich the injury is healed or the treatment completed.

For those implants of the present invention having a balloonconfiguration, the balloon may come equipped with an inflation orinjection port for coupling to a source of inflation or expansionmaterial or medium. The port may consist of a one-way valve which isself-sealing upon release from an inflation mechanism or lumen. The portmay be further configured to releasably engage from an inflation tube,where such engagement may be threaded or involve a releasable lockingmechanism.

Depending upon the material used to fabricate the expandable members ofthe present invention, they may have a degree of stiffness in anunexpanded or deflated state such that they may maintain an elongatedconfiguration so as to be directly insertable and pushable through aworking channel. This may the case where the expandable member is madeof a is strut or mesh material. Alternatively, a pusher or smalldiameter rod may be inserted through an inflation port of a balloon typeexpandable member to keep the expandable member in an elongated state soas to prevent it from bunching within the working channel and to providesome rigidity to more effectively position the expandable body in thetarget implant site.

With embodiments in which the balloon members are initially inflatedwith air and then filled with a solid or fluid medium, the latter ispreferably not delivered or injected into the interior of the expandablebody until the position of the expandable body within the interspinousspace has been verified and optimized. This is beneficial in situationswhere, upon inflation, it is found that the expandable body ismisaligned within the interspinous space and requires repositioning. Theballoon member may simply be deflated of air to the extent necessary andrepositioned in a less inflated or deflated state. If necessary, forexample where it is found that the maximum distraction provided by theimplant is insufficient for the particular application at hand, theimplant may be completely deflated or compressed or both and removed andreplaced with a more suitably sized implant.

It should be noted that any of the implants of the present invention maybe implanted with the assistance of any of the temporary distractionmechanism of the present invention.

It should also be noted that any of the above-described steps orprocedures, including but not limited to cannulation of the target area,dissection of the spinous ligament, insertion of the subject implantswithin the target implant site, inflation and/or expansion of atemporary distraction means, inflation and/or expansion of the implantor a portion thereof and the adjustment or readjustment of the implantmay be facilitated by way of a scope delivered through a lumen of theworking channel. Alternatively, a second cannula or working channeldelivered through another percutaneous penetration on the same oropposite side of the spine may be employed for use of an endoscope andany other instruments needed to facilitate the procedure.

The subject devices and systems may be provided in the form of a kitwhich includes at least one interspinous device of the presentinvention. A plurality of such devices may be provided where the deviceshave the same or varying sizes and shapes and are made of the same orvarying materials. The kits may further include instruments and toolsfor implanting the subject devices, including but not limited to, acannula, a trocar, a scope, a device delivery/inflation/expansion lumen,a cutting instrument, a screw driver, etc., as well as a selection ofscrews or other devices for anchoring the spacer tabs to the spinousprocesses. The kits may also include a supply of an inflation and/orexpansion medium. Instructions for implanting the subject systems anddevices and for using the above-described instrumentation may also beprovided with the kits.

The preceding merely illustrates the principles of the invention. Itwill be appreciated that those skilled in the art will be able to devisevarious arrangements which, although not explicitly described or shownherein, embody the principles of the invention and are included withinits spirit and scope. Furthermore, all examples and conditional languagerecited herein are principally intended to aid the reader inunderstanding the principles of the invention and the conceptscontributed by the inventors to furthering the art, and are to beconstrued as being without limitation to such specifically recitedexamples and conditions. Moreover, all statements herein recitingprinciples, aspects, and embodiments of the invention as well asspecific examples thereof, are intended to encompass both structural andfunctional equivalents thereof. Additionally, it is intended that suchequivalents include both currently known equivalents and equivalentsdeveloped in the future, i.e., any elements developed that perform thesame function, regardless of structure. The scope of the presentinvention, therefore, is not intended to be limited to the exemplaryembodiments shown and described herein. Rather, the scope and spirit ofpresent invention is embodied by the appended claims.

That which is claimed is:
 1. A posterior element distraction system forimplantation at a spinal motion segment comprising a superior vertebra,an inferior vertebra, each vertebra comprising a posterior elementcomprising a spinous process, laminal portions and a set of facetjoints, and further comprising an interspinous space between the spinousprocesses, the system comprising: a delivery configuration for deliverythrough a working lumen of a delivery system and a deployedconfiguration for distracting the spinal motion segment; a first and asecond lateral member, the first lateral member configured to extendadjacent to a first side of spinous processes of both superior andinferior vertebrae, the second lateral member configured to extendadjacent to a second side of spinous processes of both superior andinferior vertebrae, each lateral member is configured to expand outsidethe interspinous space along the side of a spinal motion segment whenthe lateral member moves from a first unexpanded configuration forinsertion between the spinous processes of the inferior and superiorvertebrea to a second expanded configuration while the delivery systemis detachably coupled to the posterior element distraction system; andat least one of a transverse member extending transversely between thelateral members, the transverse member is configured to extend acrossthe interspinous space and is further configured to engage a portion ofthe spinous processes when the posterior element distraction system islocated at the spinal motion segment and each lateral member is drivenfrom the first unexpanded configuration to the second expandedconfiguration by the delivery system such that the posterior elementdistraction system distracts the superior and inferior posteriorelements, wherein the first and the second lateral member comprises aballoon configuration.
 2. The system of claim 1 further comprising asecond transverse member, wherein each transverse member is a strapextending between the first and the second lateral members.
 3. Aposterior element distraction system for implantation at a spinal motionsegment comprising a superior vertebra, an inferior vertebra, eachvertebra comprising a posterior element comprising a spinous process,laminal portions and a set of facet joints, and further comprising aninterspinous space between the spinous processes, the system comprising:a delivery configuration for delivery through a working lumen of adelivery system and a deployed configuration for distracting the spinalmotion segment; a first and a second lateral member, the first lateralmember configured to extend adjacent to a first side of spinousprocesses of both superior and inferior vertebrae, the second lateralmember configured to extend adjacent to a second side of spinousprocesses of both superior and inferior vertebrae, each lateral memberis configured to expand outside the interspinous space along the side ofa spinal motion segment when the lateral member moves from a firstunexpanded configuration for insertion between the spinous process ofthe inferior and superior vertebrea to a second expanded configurationwhile the delivery system is detachably coupled to the posterior elementdistraction system; at least one transverse member extendingtransversely between the lateral members, the transverse member isconfigured to extend across the interspinous space and is furtherconfigured to engage a portion of the spinous processes when theposterior element distraction system is located at the spinal motionsegment and each lateral member is driven from the first unexpandedconfiguration to the second expanded configuration by the deliverysystem such that the posterior element distraction system distracts thesuperior and inferior posterior elements; and a mesh configured to atleast partially enclose the first and the second lateral members.
 4. Aposterior element distraction system for implantation at a spinal motionsegment comprising a superior vertebra, an inferior vertebra, eachvertebra comprising a posterior element comprising a spinous process,laminal portions and set of facet joints, and further comprising aninterspinous space between the spinous processes, the system comprising:a delivery configuration for delivery through a working lumen of adelivery system and a deployed configuration for distraction the spinalmotion segment; a first second lateral member, the first memberconfigured to extend adjacent to a first side of spinous processes ofboth superior and inferior vertebrae, the second lateral memberconfigured to extend adjacent to a second side of spinous processes ofboth superior and inferior vertebrae, each lateral member is configuredto expand outside the interspinous space along the side of a spinalmotion segment when the lateral member moves from a first unexpandedconfiguration for insertion between the spinous processes of theinferior and superior vertebrea to a second expanded configuration whilethe delivery system is detachably coupled to the posterior elementdistraction system; and a transverse member extending transverselybetween the lateral members, the transverse member is configured toextend across the interspinous space and is further configured to engagea portion of the spinous processes when the posterior elementdistraction system is located at the spinal motion segment and eachlateral member is driven from the first unexpanded configuration to thesecond expanded configuration by the delivery system such that theposterior element distraction system distracts the superior and inferiorposterior elements, wherein the system comprises only one transversemember.
 5. A posterior element distraction system for implantation at aspinal motion segment comprising a superior vertebra, an inferiorvertebra, each vertebra comprising a posterior element comprising aspinous process, laminal portions and a set of facet joints, and furthercomprising an interspinous space between the spinous processes, thesystem comprising: a first and a second lateral member, the firstlateral member configured to extend adjacent to a first side of spinousprocesses of both superior and inferior vertebrae, the second lateralmember configured to extend adjacent to a second side of spinousprocesses of both superior and inferior vertebrae, each lateral memberis configured to expand outside the interspinous space along the side ofa spinal motion segment from a first unexpanded configuration to asecond expanded configuration, wherein the first lateral membercomprises a balloon and the second lateral member comprises a strut; andat least one transverse member extending transversely between thelateral members, wherein at least one of the first and second lateralmembers is continuous across the at least one transverse member, andwherein the at least one transverse member is configured to extendacross the interspinous space and is further configured to engage aportion of the spinous processes when the system is operativelyimplanted at a spinal motion segment and the lateral members are in thesecond expanded configuration, thereby providing distraction betweensuperior and inferior posterior elements.
 6. The system of claim 1,wherein the transverse member has a pre-formed configuration.
 7. Thesystem of claim 1, wherein the transverse member has a flexibleconfiguration.
 8. A system for implantation at a spinal motion segmentcomprising a superior vertebra, an inferior vertebra, each vertebracomprising a posterior element comprising a spinous process, laminalportions and a set of facet joints, and further comprising aninterspinous space between the spinous processes, the system comprising:a posterior element distraction system having a delivery configurationfor delivery through a working lumen of a delivery system and a deployedconfiguration for distracting the spinal motion segment, the posteriorelement distraction system including a first and a second lateralmember, the first lateral member configured to extend adjacent to afirst side of spinous processes of both superior and inferior vertebrae,the second lateral member configured to extend adjacent to a second sideof spinous processes of both superior and inferior vertebrae, eachlateral member is configured to expand outside the interspinous spacealong the side of a spinal motion segment when the lateral member movesfrom a first unexpanded configuration to a second expandedconfiguration; at least one of a transverse member extendingtransversely between the lateral members, wherein at least one of thefirst and second lateral members is continuous across the at least oneof the transverse member, the transverse member is configured to extendacross the interspinous space and is further configured to engage aportion of the spinous processes when the posterior element distractionsystem is operatively implanted at a spinal motion segment and thelateral members are in the second expanded configuration, therebyproviding distraction between superior and inferior posterior elements;and a temporary distraction device having an expanded configuration andan unexpanded configuration and further configured for insertion withinthe interspinous space, wherein upon expansion of the temporarydistraction device, the superior and inferior vertebrae are distractedfrom each other, and wherein the temporary distraction device comprisesa balloon.
 9. The system of claim 8, further comprising: a workingchannel for delivering the temporary distraction device and theposterior element distraction system, wherein the temporary distractiondevice is deliverable in the unexpanded configuration.
 10. The system ofclaim 9, wherein the temporary distraction device and the posteriorelement distraction system are deliverable simultaneously to the spinalmotion segment.
 11. A posterior element distraction system forimplantation at a spinal motion segment comprising a superior vertebra,an inferior vertebra, each vertebra comprising a posterior elementcomprising a spinous process, laminal portions and a set of facetjoints, and further comprising an interspinous space between the spinousprocesses, the system comprising: a first and a second lateral member,the first lateral member configured to extend adjacent to a first sideof spinous processes of both superior and inferior vertebrae, the secondlateral member configured to extend adjacent to a second side of spinousprocesses of both superior and inferior vertebrae, each lateral memberis configured to expand outside the interspinous space along the side ofa spinal motion segment from a first unexpanded configuration to asecond expanded configuration, wherein the first and the second lateralmember comprises a balloon configuration; at least one of a transversemember extending transversely between the lateral members, the at leastone of the transverse member is configured to extend across theinterspinous space and is further configured to engage a portion of thespinous processes when the system is operatively implanted at a spinalmotion segment and the lateral members are in the second expandedconfiguration, thereby providing distraction between superior andinferior posterior elements; and wherein the at least one of thetransverse member comprises a balloon configured to interconnect withthe lateral members such that the at least one of the transverse memberand the lateral members expand from the first unexpanded configurationto the second expanded configuration at substantially the same time. 12.The system of claim 1 wherein the at least one of the transverse memberincludes a first transverse member and a second transverse member,wherein the first transverse member and the second transverse membermove away from one another when the posterior element distraction systemmoves toward the deployed configuration.
 13. The system of claim 1wherein the posterior element distraction system is configured to movefrom the delivery configuration to the deployed configuration byoperation of the delivery system while the posterior element distractionsystem is connected to the delivery system.
 14. The system of claim 1wherein the at least one of the transverse member includes a firsttransverse member and a second transverse member, wherein the first andsecond transverse members move away from each other when the first andsecond lateral members move from the first unexpanded configurationtoward the second expanded configuration such that the first transversemember pushes against the spinous process of the inferior vertebra andthe second transverse member pushes against the spinous process of thesecond vertebra to distract the superior and inferior posteriorelements.
 15. The system of claim 8 wherein the at least one of thetransverse member includes a first transverse member and a secondtransverse member, and wherein the first transverse member and thesecond transverse member move away from one another when the posteriorelement distraction system moves toward the deployed configuration. 16.The system of claim 8 wherein the posterior element distraction systemis configured to be moved from the delivery configuration to thedeployed configuration by operation of the delivery system while theposterior element distraction system is connected to the deliverysystem.
 17. The system of claim 8 wherein the at least one of thetransverse member includes a superior transverse member and an inferiortransverse member, wherein the superior and inferior transverse membersmove away from each other when the lateral members move from the firstunexpanded configuration toward the second expanded configuration suchthat the superior transverse member pushes against the spinous processof the superior vertebra and the inferior transverse member pushesagainst the spinous process of the inferior vertebra to distract thesuperior and inferior vertebrae.